100% Speedlab, LLC et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint
| 100% Speedlab, LLC and Saule, LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint and HomolondonStore (109) |
| 1:2022cv07204 |
| August 24, 2022 |
| US District Court for the Southern District of New York |
| Edgardo Ramos |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement (Lanham Act) |
| None |
Docket Report
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This docket was last retrieved on July 31, 2023. A more recent docket listing may be available from PACER.
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Filing 34
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(A)(i), Plaintiffs 100% SPEEDLAB, LLC and SAULE, LLC voluntarily dismiss the following Defendant listed on Schedule A to the Complaint with prejudice: HomolondonStore (109) terminated. SO ORDERED. (Signed by Judge Edgardo Ramos on 10/18/2022) (ama)
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| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #33 Notice of Voluntary Dismissal, was reviewed and referred to Judge Edgardo Ramos for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (tp) |
| Filing 33 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) HomolondonStore (109). Document filed by 100% Speedlab, LLC, Saule, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Monroe-Yavneh, Nathan) |
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Filing 32
PRELIMINARY INJUNCTION ORDER: THIS MATTER comes before the Court on the application of Plaintiffs 100% Speedlab, LLC and Saule, LLC ("Plaintiffs"), brought by way of Order to Show Cause, for entry of a Preliminary Injunction (the "Application") against the Defendants identified on Schedule A to the Preliminary Injunction Order attached hereto (collectively, the "PI Defendants") and using at least the domain names or online marketplace accounts identified on the Schedule A (collectively, the "PI Defendant User Accounts"). THE COURT having reviewed the papers in support of the Application; and the Court having found that Plaintiffs meet the criteria for entry of preliminary injunctive relief. THIS COURT having determined that the evidence submitted in support of the Application establishes Plaintiffs have a likelihood of success on the merits; that no remedy at law exists; and that Plaintiffs will suffer irreparable harm, if the injunction is not granted including for example: As set forth herein. The five thousand dollars ($5,000.00) bond posted by Plaintiffs shall remain with the Court until a final disposition of this case or until this Preliminary Injunction is terminated. (Signed by Judge Edgardo Ramos on 10/06/2022) (ama)
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| Minute Entry for proceedings held before Judge Edgardo Ramos: Show Cause Hearing held on 10/6/2022 by phone. Counsel for Plaintiff, present. Counsel for Defendant Homo London Store, present. Plaintiff and Defendant Homo London have reached settlement in principle. Plaintiff is directed to submit a proposed preliminary injunction order. (jar) |
| RESCHEDULING NOTICE: The telephonic show cause hearing previously scheduled for 4:30 p.m. on October 6, 2022 is hereby rescheduled for 11:30 AM on October 6. The parties are reminded to call (877) 411-9748 and enter access code 3029857# when prompted. (jar) |
| Filing 31 SUMMONS RETURNED EXECUTED Summons and Complaint, served. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint served on 9/30/2022, answer due 10/21/2022. Document filed by 100% Speedlab, LLC; Saule, LLC..(Monroe-Yavneh, Nathan) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #25 LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Edgardo Ramos from Nathan Monroe-Yavneh dated September 20, 2022. In opposition to Plaintiff's ex parte Motion by Order to Show Cause for Preliminary Injunction and Temporary Restraining Order. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint..(Melekou, Eleni) |
| Filing 29 DECLARATION of Karl Duncan Slater in Opposition re: #25 LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Edgardo Ramos from Nathan Monroe-Yavneh dated September 20, 2022.. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. (Attachments: #1 Exhibit A- Homo London Store's eshop, #2 Exhibit B - Third Party Seller's shop).(Melekou, Eleni) |
| Filing 28 DECLARATION of Eleni Melekou, Esq. in Opposition re: #25 LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Edgardo Ramos from Nathan Monroe-Yavneh dated September 20, 2022.. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint..(Melekou, Eleni) |
| Filing 27 NOTICE OF APPEARANCE by Eleni Melekou on behalf of The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint..(Melekou, Eleni) |
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Filing 26
ORDER: granting #25 Letter Motion to Continue. The plaintiffs' requests are GRANTED, as follows: (1) a 14-day extension of time for the defendants to file opposing papers to the plaintiffs' application for a preliminary injunction from September 15, 2022 to September 29, 2022; (2) a 14-day adjournment of the preliminary injunction hearing from September 22, 2022 to October 6, 2022 at 4:30 p.m.; and (3) an extension of the restraints imposed by the September 8, 2022 temporary restraining order until October 6, 2022. For the preliminary injunction hearing, the parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. It is SO ORDERED.Telephonic Show Cause Response due by 9/29/2022. Show Cause Hearing set for 10/6/2022 at 04:30 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 9/21/2022) (ama)
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| Filing 25 LETTER MOTION to Continue Preliminary Injunction Hearing to a later date addressed to Judge Edgardo Ramos from Nathan Monroe-Yavneh dated September 20, 2022. Document filed by 100% Speedlab, LLC, Saule, LLC..(Monroe-Yavneh, Nathan) |
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Filing 24
ORDER: granting #23 Letter Motion to Continue. We represent Plaintiffs 100% Speedlab, LLC and Saule, LLC (collectively, "Plaintiffs") in the above-referenced matter. We write to respectfully request, with respect to DefendantNo. 119 Joybuy Express only, the following relief: (1) a sixty (60) day extension of Joybuy Express's deadline to file opposing papers to Plaintiff's application for a preliminary injunction from September 15, 2022, to November 14, 2022; (2) an extension of the restraints imposed by the Temporary Restraining Order issued by this Court on September 8, 2022, only as to JoybuyExpress until Plaintiff's application for preliminary injunction as to Joybuy Express is resolved, pursuant to Federal Rule of Civil Procedure 65(b)(2); and (3) a stay of Joybuy Expres's deadline to answer, move, or otherwise respond to the Complaint. This extension will have no effect on scheduled date for the preliminary injunction hearing as to the non-Joybuy Defendants, which is set for September 22, 2022 at 4:00 p.m. (Dkt. No. 22.). The plaintiff's requests as to Joybuy Express, as described herein, are GRANTED. It is SO ORDERED Show Cause Response due by 11/14/2022. Show Cause Hearing set for 9/22/2022 at 04:00 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 9/15/2022) (ama)
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| Filing 23 LETTER MOTION to Continue Preliminary Injunction Hearing to a later date with respect to Defendant No. 119 Joybuy Express addressed to Judge Edgardo Ramos from Nathan Monroe-Yavneh dated September 15, 2022. Document filed by 100% Speedlab, LLC, Saule, LLC..(Monroe-Yavneh, Nathan) |
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Filing 22
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: IT IS FURTHER ORDERED that a hearing shall be held on September 22, 2022 at 4:00 p.m. by telephone, which Plaintiffs may present their arguments in support of their request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs' Application. The parties are instructed to call (877) 411-9748 and enter access code 3029857# when prompted. Plaintiffs shall deposit with the Court Five Thousand Dollars ($5,000.00), either cash, company check, cashier's check, or surety bond, as security, which amount was determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before September 15, 2022, at 5:00 p.m. The Clerk of the Court is respectfully directed to terminate the motions, docs. 11 and 21. This Temporary Restraining Order without notice is entered at 12:23 a.m. on September 8, 2022, and shall remain in effect for fourteen (14) days. Show Cause Hearing set for 9/22/2022 at 04:00 PM before Judge Edgardo Ramos. Show Cause Response due by 9/15/2022. (Signed by Judge Edgardo Ramos on 9/08/2022) (ama)
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| Transmission to Finance Unit (Cashiers). Transmitted re: #22 Order to Show Cause,,,,,, Set Deadlines/Hearings,,,,,, to the Finance Unit (Cashiers) for case processing..(ama) |
| Filing 21 MOTION for Leave to File Excess Pages . Document filed by 100% Speedlab, LLC, Saule, LLC. (Attachments: #1 Exhibit A (Memo of Law), #2 Text of Proposed Order Proposed Order).(Yellin, Michael) |
| Filing 20 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) |
| Filing 19 AO 120 FORM PATENT - CASE OPENING - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Michael R. Yellin re: Document No. #17 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number and Date Filed field on the AO 120 Patent/Trademark form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) |
| Filing 18 NOTICE OF APPEARANCE by Nathan Daniel Monroe-Yavneh on behalf of 100% Speedlab, LLC, Saule, LLC..(Monroe-Yavneh, Nathan) |
| Filing 17 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Yellin, Michael) |
| Filing 16 AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Yellin, Michael) |
| Filing 15 CIVIL COVER SHEET filed..(Yellin, Michael) |
| Filing 14 ***EX-PARTE***REDACTION to #10 Declaration in Support, Exhibit 3, part 2 by 100% Speedlab, LLC, Saule, LLC (Attachments: #1 Exhibit Def 101, #2 Exhibit Def 102, #3 Exhibit Def 103, #4 Exhibit Def 104, #5 Exhibit Def 105, #6 Exhibit Def 106, #7 Exhibit Def 107, #8 Exhibit Def 108, #9 Exhibit Def 109, #10 Exhibit Def 110, #11 Exhibit Def 111, #12 Exhibit Def 112, #13 Exhibit Def 113, #14 Exhibit Def 114 part a, #15 Exhibit Def 114 part b, #16 Exhibit Def 114 part c, #17 Exhibit Def 114 part d, #18 Exhibit Def 114 part e, #19 Exhibit Def 114 part f, #20 Exhibit Def 115 part a, #21 Exhibit Def 115 part b, #22 Exhibit Def 115 part c, #23 Exhibit Def 115 part d, #24 Exhibit Def 115 part e, #25 Exhibit Def 115 part f, #26 Exhibit Def 115 part g, #27 Exhibit Def 115 part h, #28 Exhibit Def 115 part i, #29 Exhibit Def 115 part j, #30 Exhibit Def 116 part a, #31 Exhibit Def 116 part b, #32 Exhibit Def 117 part a, #33 Exhibit Def 117 part b, #34 Exhibit Def 117 part c, #35 Exhibit Def 117 part d, #36 Exhibit Def 117 part e, #37 Exhibit Def 117 part f, #38 Exhibit Def 118, #39 Exhibit Def 119, #40 Exhibit Def 120, #41 Exhibit Def 121, #42 Exhibit Def 122, #43 Exhibit Def 123, #44 Exhibit Def 124, #45 Exhibit Def 125, #46 Exhibit Def 126, #47 Exhibit Def 127, #48 Exhibit Def 128, #49 Exhibit Def 129, #50 Exhibit Def 130)Motion or Order to File Under Seal: #11 .(Yellin, Michael) |
| Filing 13 ***EX-PARTE***REDACTION to #10 Declaration in Support, Exhibit 3, part 1 by 100% Speedlab, LLC, Saule, LLC (Attachments: #1 Exhibit Def 2, #2 Exhibit Def 3, #3 Exhibit Def 4, #4 Exhibit Def 5, #5 Exhibit Def 6, #6 Exhibit Def 7, #7 Exhibit Def 8, #8 Exhibit Def 9, #9 Exhibit Def 10, #10 Exhibit Def 11, #11 Exhibit Def 12, #12 Exhibit Def 13, #13 Exhibit Def 14, #14 Exhibit Def 15, #15 Exhibit Def 16, #16 Exhibit Def 17, #17 Exhibit Def 18, #18 Exhibit Def 19, #19 Exhibit Def 20, #20 Exhibit Def 21, #21 Exhibit Def 22, #22 Exhibit Def 23, #23 Exhibit Def 24, #24 Exhibit Def 25, #25 Exhibit Def 26, #26 Exhibit Def 27, #27 Exhibit Def 28, #28 Exhibit Def 29, #29 Exhibit Def 30, #30 Exhibit Def 31, #31 Exhibit Def 32, #32 Exhibit Def 33, #33 Exhibit Def 34, #34 Exhibit Def 35, #35 Exhibit Def 36, #36 Exhibit Def 37, #37 Exhibit Def 38, #38 Exhibit Def 39, #39 Exhibit Def 40, #40 Exhibit Def 41, #41 Exhibit Def 42, #42 Exhibit Def 43, #43 Exhibit Def 44, #44 Exhibit Def 45, #45 Exhibit Def 46, #46 Exhibit Def 47, #47 Exhibit Def 48, #48 Exhibit Def 49, #49 Exhibit Def 50, #50 Exhibit Def 51, #51 Exhibit Def 52, #52 Exhibit Def 53, #53 Exhibit Def 54, #54 Exhibit Def 55, #55 Exhibit Def 56, #56 Exhibit Def 57, #57 Exhibit Def 58, #58 Exhibit Def 59, #59 Exhibit Def 60, #60 Exhibit Def 61, #61 Exhibit Def 62 part a, #62 Exhibit Def 62 part b, #63 Exhibit Def 63, #64 Exhibit Def 64, #65 Exhibit Def 65, #66 Exhibit Def 66, #67 Exhibit Def 67, #68 Exhibit Def 68, #69 Exhibit Def 69, #70 Exhibit Def 70, #71 Exhibit Def 71, #72 Exhibit Def 72, #73 Exhibit Def 73, #74 Exhibit Def 74, #75 Exhibit Def 75, #76 Exhibit Def 76, #77 Exhibit Def 77 part a, #78 Exhibit Def 77 part b, #79 Exhibit Def 78, #80 Exhibit Def 79, #81 Exhibit Def 80, #82 Exhibit Def 81, #83 Exhibit Def 82, #84 Exhibit Def 83, #85 Exhibit Def 84, #86 Exhibit Def 85, #87 Exhibit Def 86, #88 Exhibit Def 87, #89 Exhibit Def 88, #90 Exhibit Def 89, #91 Exhibit Def 90, #92 Exhibit Def 91, #93 Exhibit Def 92, #94 Exhibit Def 93, #95 Exhibit Def 94, #96 Exhibit Def 95, #97 Exhibit Def 96, #98 Exhibit Def 97, #99 Exhibit Def 98, #100 Exhibit Def 99)Motion or Order to File Under Seal: #11 .(Yellin, Michael) |
| Filing 12 ***EX-PARTE***REDACTION to #1 Complaint, Schedule A by 100% Speedlab, LLC, Saule, LLCMotion or Order to File Under Seal: #11 .(Yellin, Michael) |
| Filing 11 MOTION to Seal Schedule A to Complaint and Exhibit 3 to Carrie Hedayti Declaration. Document filed by 100% Speedlab, LLC, Saule, LLC..(Yellin, Michael) |
| Filing 10 DECLARATION of Carrie Hedayati in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by 100% Speedlab, LLC, Saule, LLC. (Attachments: #1 Exhibit 1 (Trademark Registrations), #2 Exhibit 2 (Patent Registrations)).(Yellin, Michael) |
| Filing 9 DECLARATION of Michael R. Yellin in Support re: #7 Proposed Order to Show Cause With Emergency Relief,. Document filed by 100% Speedlab, LLC, Saule, LLC. (Attachments: #1 Exhibit 1 (January 2011 Mark Monitor report), #2 Exhibit 2 (IP Rights Seizures Statistics Report), #3 Exhibit 3 (BASCAP Report), #4 Exhibit 4 (ICANN Registrar Accreditation Agreement), #5 Exhibit 5 (Hague Convention on Service Abroad), #6 Exhibit 6 (Translation of Civil Procedure Law of the People's Republic of China)).(Yellin, Michael) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 Proposed Order to Show Cause With Emergency Relief, . Document filed by 100% Speedlab, LLC, Saule, LLC..(Yellin, Michael) |
| Filing 7 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by 100% Speedlab, LLC, Saule, LLC. Related Document Number: #1 ..(Yellin, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 6 NOTICE OF APPEARANCE by Rebecca W. G. Hollander on behalf of 100% Speedlab, LLC, Saule, LLC..(Hollander, Rebecca) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by 100% Speedlab, LLC, Saule, LLC..(Yellin, Michael) |
| Filing 4 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Yellin, Michael) Modified on 8/24/2022 (pc). |
| Filing 3 FILING ERROR - PDF ERROR - AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Yellin, Michael) Modified on 8/24/2022 (pc). |
| Filing 2 FILING ERROR - PDF ERROR - AO 120 FORM PATENT - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Yellin, Michael) Modified on 8/24/2022 (pc). |
| Filing 1 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint. (Filing Fee $ 402.00, Receipt Number ANYSDC-26587098)Document filed by 100% Speedlab, LLC, Saule, LLC. (Attachments: #1 Exhibit 1 (Trademark Registrations), #2 Exhibit 2 (Patent Registrations), #3 Exhibit 3 (Chart Comparing 100% Patents to Exemplary Images)).(Yellin, Michael) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT TRADEMARK FORM. Notice to Attorney Michael R. Yellin to RE-FILE Document No. #3 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct;.. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (pc) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #7 Proposed Order to Show Cause With Emergency Relief, was reviewed and approved as to form. (nd) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PATENT FORM. Notice to Attorney Michael R. Yellin to RE-FILE Document No. #2 AO 120 Form Patent/Trademark - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 120 Patent/Trademark form is not correct; Both Patent and Trademark were selected. Choose one.. Re-file the document using the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 120 Patent/Trademark PDF form. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael R. Yellin to RE-FILE Document No. #4 Civil Cover Sheet. The filing is deficient for the following reason(s): multiple natures of suit were selected. Choose one. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
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| Search for this case: 100% Speedlab, LLC et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint | |
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| Plaintiff: 100% Speedlab, LLC | |
| Represented By: | Nathan Daniel Monroe-Yavneh |
| Represented By: | Rebecca W. G. Hollander |
| Represented By: | Michael R. Yellin |
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| Plaintiff: Saule, LLC | |
| Represented By: | Nathan Daniel Monroe-Yavneh |
| Represented By: | Rebecca W. G. Hollander |
| Represented By: | Michael R. Yellin |
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| Defendant: The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint | |
| Represented By: | Eleni Melekou |
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| Defendant: HomolondonStore (109) | |
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